Home/Case Law/William McCarther vs. USS Cal Builders, Zurich North America, State Compensation Insurance Fund
Regular DecisionWorkers' Compensation

William McCarther vs. USS Cal Builders, Zurich North America, State Compensation Insurance Fund

Filed: Aug 24, 2011
San Francisco
ADJ625812 (POM 0280514)

CompFox AI Summary

Zurich North America sought removal after applicant's invalid election against SCIF, arguing it was precluded from discovery and entitled to its own medical evidence for a specific injury. The Board granted removal, finding the election void and the discovery delay unjustified. The case involves a specific industrial injury where both SCIF and Zurich may be liable, with Zurich having made its first appearance nearly twenty months after being joined. The Board redesignated the upcoming trial as a status conference to allow Zurich to present policy information and clarify its coverage stance.

Full Decision Text1 Pages

Zurich North America sought removal after applicant's invalid election against SCIF, arguing it was precluded from discovery and entitled to its own medical evidence for a specific injury. The Board granted removal, finding the election void and the discovery delay unjustified. The case involves a specific industrial injury where both SCIF and Zurich may be liable, with Zurich having made its first appearance nearly twenty months after being joined. The Board redesignated the upcoming trial as a status conference to allow Zurich to present policy information and clarify its coverage stance.

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William McCarther vs. USS Cal Builders, Zurich North America, State Compensation Insurance Fund (2011) – San Francisco | CompFox